Tag: Inec

  • The plot against Jega

    Prof Attahiru Jega, the Chairman of the Independent National Electoral Commission (INEC) is in the eye of a storm. According to the Peoples Democratic Party, the electoral umpire is cavorting with the opposition, and should resign. On the other side, the All Progressive Congress insists that it will be unfair to change a referee, in the middle of a match, just because one partyis afraid of losing the election. To distract the electorate, the INEC chair has become an object forodious attacks, even when those accusing him, are yet to present convincing evidence of the man’s partisanship.

    Prof Jega who conducted the highly regarded 2011 elections, stoically maintains his innocence, assuring all that he will rather resign that compromise his position. Those accusing him of compromise however continues to muddle up the process. The main plank of their argument is that states considered to be the stronghold of Buhari have collected more permanent voter cards than where Jonathan has more supporters. The Director-General of President Jonathan’s campaign, Ahmadu Ali, gave example of Bornu in the northeast, where the blood thirsty Boko Haram are reigning, but has collected more permanent voter cards than Lagos. But that argument is untenable, because Kano, an APC stronghold suffers similar faith with Lagos.

    Even the believe that President Jonathan of PDP has better chances in Lagos, than Gen. Buhari of APC,is not based on any empirical evidence. So, why all the fire directed at Prof Jega. Again, the PDP claims that Professor Jega had an untoward rendezvous with the APC in Dubia. In making this claim, the PDP did not bother with providing date, persons or agents of the party involved in this unholy alliance. Unless the proponents of this tale have facts to buttress their claim, it cannot amount to anything, but mere rumour.

    Another unfair cut against the Professor, is that because he is from the north, he has been coerced by the Emirs to unconscionably work to return Gen. Buhari, a fellow northerner, as the winner of the upcoming presidential election. The proponents of this argument have not mentioned instances of change in attitude by Jega, considering that he conducted the last presidential election in 2011, won by President Jonathan, against Gen. Buhari and other northern candidates. Again, there is no suggestion as to where and whenthe meeting took place, and those present.

    As the partisans recklessly trade claims as to the sincerity of Prof Jega and his election management body, the Nigerian electorate is left confused as to who to believe. Unfortunately, former President Obasanjo while rightly insisting that Professor Jega should not be sacked, gave himself away as a partisan, whose real intent, as the PDP claims, is even scarier.In his unstatesmanlike tantrums against President Jonathan and their party, the PDP; Obasanjo claimed that Jonathan is scheming against Jega and the electoral process, because he is afraid that an elected Buhari could send him to jail.

    Former President Olusegun Obasanjo went on to disingenuously ask Buhari to reassure Jonathan, as if the election has already been won and lost. I guess that if Jonathan should be scared about jail under Buhari, then Obasanjo too should;after all, while late President Yar’Adua presided, there was real fear that Gen. Obasanjo had many infractions to answer for. In his further interrogatories, former President Obasanjo rightly condemned the military intervention in the electoral process, but INEC also bears responsibility for allowing the initiative to slip away. Considering that INEC was not truly ready, it should have on its own, postponed the election for just about two or three weeks, instead of the lie that it was ready.

    Now with the valentine day presidential election truncated, President Jonathan,must like the Roman Emperor, Julius Ceasar, confront the Idesof March.If he is misguided to go for the legs again instead of the ball, that will be a second foul, and it will be fair to give him a red card. Never mind that INEC was insincere as to its readiness, the reason why the elections were shifted, is the one given by the security agencies, that they are not in a position to provide security, during the election. As President Jonathan duly acknowledged during his recent media chat and the cocktail with the diplomatic corps, no sensible person would accept the security bogey, to push forward the elections again.

    If President Jonathan is however persuaded to remove Professor Jega, at the risk of plunging our country into chaos, then he can only do so under section 157(1) of the 1999 constitution as amended, which requires the president to act “on an address supported by two-thirds majority of the Senate praying that he [Professor Jega] be so removed for inability to discharge the functions of the office….”Again if the President chooses that road to Golgotha, he must contend with the Supreme Court verdict in Bamgboye vs University of Ilorin, to wit “When an office or employment has a statutory flavour in the sense that its conditions of service are provided for and protected by stature…. In the matter of discipline of such a person, the procedure laid down by the applicable law must be fully complied with….”

    But for me, considering the good luck that came President Jonathan’s way, to thrust him up,first as vice president and then acting president; and the fact that against all odds, he won the 2011 elections as President, gifting him, six years as Nigeria’ president, it wouldbe silly and suicidal for him to agree to any unconstitutional conduct to hold on to power. While President Jonathan is entitled to enthusiastically seek a fresh term, if he chooses, it would amount to eternal foolishness, to play desperate games about that.

  • My brother didn’t lobby for INEC job, says Mimiko

    My brother didn’t lobby for INEC job, says Mimiko

    Ondo State Governor Olusegun Mimiko has denied the rumour that his sibling, Prof Olufemi Mimiko, is eyeing the chairmanship of the Independent National Electoral Commission (INEC).

    Prof Mimiko recently completed his term as Vice Chancellor of the Adekunle Ajasin University (AAU), Akungba-Akoko.

    There have been speculations over the move by the Presidency to sack the INEC Chairman, Prof Attahiru Jega and replace him with Prof Mimiko.

    Speaking to reporters yesterday in Akure, the state capital, the governor said:”I don’t know where the propaganda came from. It is not true; my brother did not apply for INEC job.

    “Let me tell you, it is just propaganda from the opposition.  If this is true, I should be in the best position to know. I don’t know what they want to gain from the rumour.

    “President Jonathan had also denied that Prof Jega is to be removed from office, so it is a lie. Prof Mimiko did not apply or lobby for INEC job.

    On the statement credited to former President Olusegun Obasanjo that President Goodluck Jonathan deliberately shifted the polls to scuttle democracy, the governor said the evidence on ground could not support the postulation of the former president.

    According to him, INEC was not adequately prepared for the election, especially in the distribution of Permanent Voter Cards.

  • Ladoja faults INEC’s pact with NURTW

    Ladoja faults INEC’s pact with NURTW

    The governorship candidate of Accord in Oyo State, Sen. Rashidi Ladoja, has faulted the decision of the state’s Independent National Electoral Commission (INEC) to engage the services of commercial drivers in conveying election materials to voting centres.

    Ladoja, who spoke through his campaign organisation, condemned the choice, describing it as “an unholy alliance” between INEC and the National Union of Road Transport Workers (NURTW).

    He said it was a call for anarchy.

    The campaign group, in a statement by its Director-General, Adeolu Adeleke, said the arrangement to use buses belonging to NURTW members to convey INEC officers during elections was suspicious.

    Adeleke said the arrangement was not only wrong on account of NURTW members being loyalists of the All Progressives Congress (APC) but also endangers the integrity of the results of the elections.

    “We want to advise the Resident Electoral Commissioner, Rufus Akeju, not to centralise the hiring of buses; rather, the electoral officer in each local government council should be given the opportunity to hire buses without any condition attached to it.

    “We want the REC to conduct free and fair elections and warn him not to engage in any activity that will change the will of the people, as any attempt to do this will be strongly resisted.”

  • Uduaghan doubts INEC’s readiness for polls

    Uduaghan doubts INEC’s readiness for polls

    Delta State Governor Emmanuel Uduaghan has expressed concern about the preparedness of the Independent National Electoral Commission (INEC) to conduct the March 28 and April 11 general elections.

    The governor spoke at the weekend on a live radio and television broadcast on the state-owned Delta Broadcasting Service and monitored in Warri by our reporter.

    He wondered if the military would have achieved much success in the Northeast, where INEC said it had some constraints that necessitated the shift in the election dates.

    According to him, no one could tell how long it would take the soldiers to defeat Boko Haram.

    Uduaghan said there was no way elections would be held without proper security.

    The governor said INEC would not have been through with the distribution of the Permanent Voter Cards (PVCs) within the given time frame, following the low collection recorded so far.

    The card readers introduced by INEC, he said, were another ground for apprehension.

    Uduaghan said he was aware that the machines had not functioned well.

  • Investors to use voter’s card for capital market transactions

    Investors to use voter’s card for capital market transactions

    Investors in the Nigerian capital market can find greater need of the permanent voter’s card (PVC) issued by the Independent National Electoral Commission (INEC) as they will be able to use the PVC for all identity requirements in capital market transactions.

    An amendment to identity rule at the capital market currently under consideration by the Securities and Exchange Commission (SEC) seeks to include the PVC as equivalent to other recognized means of identifications.

    According to the draft of the amendment titled “proposed inclusion of Independent National Electoral Commission (INEC) voter’s registration card as a valid means of identification of individual clients in the capital market”, SEC will amend its identity rule under the Section 44, subsection 4 of SEC Regulations, 2013, which listed suitable documentary evidence as means of identification, to include the PVC.

    Accordingly, the subsection will be amended to include the INEC voter’s registration card alongside suitable documentary evidence for Nigerian resident private individuals, which included current international passport, residence permit issued by the immigration authorities,  current driver’s licence issued by the Federal Road Safety Commission (FRSC), inland revenue tax clearance certificate, birth certificate or sworn declaration of age and national identity card.

    With this amendment, investors can use their PVC for validation and claim of sales and buy mandates, collection of sales proceeds, dividend warrant, change in personal details including name and addresses, estate management including next of kin, probate and power of attorney, confirmation of signature and confirmatory evidence for Know-Your-Customer (KYC)’s requirements of residence, age and nationality among other identity validation requirements.

    The INEC’s PVC included critical data of every holder including the bio-data, facial image, 10 finger prints and optional fields for those that possess national identity card and telephone numbers. The size of data captured for every holder is approximately one megabyte per voter. Besides, each holder has a unique identifier- voter identification number (VIN). The INEC had extended collection of the PVC till March 8.

  • NHRC condemns move to discredit Jega, INEC

    NHRC condemns move to discredit Jega, INEC

    The National Human Rights Commission (NHRC)  yesterday deplored  what  it called  attempts by some individuals and political parties to discredit the Independent National Electoral Commission (INEC) in the build up to the coming  elections.

    NHRC  Chairman  Chidi Odinkalu, speaking against the backdrop of  the recent call by Chief Edwin Clark-led Southern Nigerian Peoples Assembly for the sack and arrest of  Jega, noted that the legitimacy of the  electoral process requires that every Nigerian  believes and respects the capacity of the commission  to deliver credible elections.

    “Let’s stop tarnishing INEC. The political parties, citizens, social media people should stop it. Tarnishing INEC can guarantee electoral violence,” Odinkalu said  at the launch of the NHRC’s report and advisory on election violence.

    The 80-page report captured incidents of election violence during electoral campaigns.

    He added: “There are few Nigerians who will accept INEC Chairmanship and bring  the level of integrity he (Jega) has brought to the job.

    “He (Jega) is a human being. He is not perfect. But, you know what? He has a wife, he’s got children, he’s got grandchildren, he’s got students who went through him and he is a decent man.

    “He is not a thief; he is not a rogue. He wants to do the best work he can and we’ve got to support him. And we don’t support him alone, we should support his team.

    The NHRC said  about 58 Nigerians have been killed in pre-election violence in 22 states of the federation  in the last 60 days.

    Twenty-two of the deaths occurred in  11 incidents in Lagos State, followed by Kaduna with nine deaths in  three incidents and  Gombe  with five deaths in three incidents.

    There were six incidents in  Rivers State, including the detonation of explosives and attacks on courts.

    Odinkalu, who decried the increasing  violence  said  that the majority of young Nigerians, who will decide the outcome of elections lack memories of violence in the nation’s post-independence struggle.

    He said Nigeria is capable of conducting violence-free elections  and announced plan by the commission  to invite President Goodluck Jonathan, Gen. Mohammadu Buhari of the All Progressives Congress (APC), the Chairman of the People’s Democratic Party (PDP), Adamu Mu’azu, and his APC counterpart, Chief John Odigie-Oyegun, to jointly record a message denouncing violence and urging Nigerians to shun electoral violence.

    He said the message would be disseminated through all known platforms of mass communication.

  • Elections:  Beyond the postponement

    Elections: Beyond the postponement

    It is unlikely the Jonathan presidency took cognisance of the frightening and unpredictable dimensions the postponement of the polls portends; nor did the government apparently bother about international perceptions and derision flowing from the implausible and impulsive excuses given for the date shifts. In the foreseeable future, Nigeria must find ways of grappling with regional and continental contempt for its lack of capacity and innovation in the conduct of elections, writes Adekunle Ade-Adeleye 

    Two main reasons were given for the postponement of the general elections from February 14 and 28 to March 28 and April 11. First is that more time was needed to complete the distribution of the Permanent Voter Cards (PVCs). And second, that the security agencies could not guarantee the safety of polling officials and voters in the four Northeast states of Gombe, Yobe, Borno and Adamawa. Convinced that legally speaking, the electoral body would not be violating the electoral law or the constitution by shifting the polls, the Goodluck Jonathan government put pressure on the Independent National Electoral Commission (INEC) to postpone the elections. In six weeks, said the government optimistically, the distribution of PVCs would have been largely completed, and the security situation in the Northeast would have improved considerably to allow polling. Nothing else was contemplated regarding the consequences of the postponement, whether economic, social or political.

    Few analysts believe that the Jonathan presidency convinced even itself that the postponement was altruistic, let alone persuade a wary and sceptical, if not cynical, public that the interests of the country were considered in the poll date extension. Indeed, as INEC argued, both the Ekiti and Osun elections of June 21 and August 9, 2014 respectively did not achieve 100 per cent PVC distribution, yet the credibility of the two polls was not compromised.  What apparently tilted the decision to postpone the polls in favour of the Jonathan government, which had campaigned covertly but strenuously for extension, was the absolute refusal of the government and especially the military to guarantee the security of voters and polling officials alike in the Northeast. The military would be busy fighting Boko Haram insurgents for the next six weeks, the government said tersely, heaving a sigh of relief that the plans and plots it elaborately laid out have proved devastatingly successful after all.

    The two reasons given for the postponement are however widely believed to be a smokescreen. While it is true that PVCs were not fully distributed for a number of reasons, there was nothing to indicate it would have affected one party more than the other. INEC had in fact suggested that if necessary, the cards could be distributed up to the eve of the elections, thereby achieving close to 90 per cent success rate, if not more. While it is also true that the Northeast continues to boil, yet nothing suggested last week, notwithstanding the synergised war against Boko Haram by Cameroon, Niger and Chad, that a sectarian, economic and political revolt that had festered for much of six years could suddenly be pacified in six weeks.

    Attahiru Jega, INEC chairman and professor of political science, had the painful duty, after many personal protestations of his bona fides and electoral and administrative probity, of announcing the postponement. He put almost the entire fault on the refusal of the security agencies to provide security for voters and polling officials. But once announced, the postponement was easily seen as the culmination of many weeks of subterranean battles and intrigues by officials of the Peoples Democratic Party (PDP) and presidential aides, if not directly the president himself.

     

    Dangerous fait accompli

     

    The plotters may have presented the country with a fait accompli, but not only was the President not averse to the plot, in which middle he placed himself comfortably and extravagantly, he also rose grandly to become its inspirer and personification. Herein is the crux of the matter. The postponement goes far beyond the ordinary fact of an election controversially delayed either for noble or ulterior reasons, or for baser emotions of sly and wily efforts to cleverly subvert popular will and the constitution. In reality, it actually speaks to far weightier matters and principles, both of which have deeper meanings and impact on the President himself, his image and future, and the polity.

    When the United States (U.S.) Secretary of State, John Kerry, visited Nigeria about two weeks ago and held discussions with the two leading candidates, Dr Jonathan and Gen Muhammadu Buhari (retd) of the APC, he stressed the need to resist the temptation to either postpone the elections or seek unlawful advantage over each other. The President only managed to give him the assurance of an inviolate handover date, nothing more. Dr Jonathan, it was obvious, knew where he was going, and more importantly how to get there, if necessary, by every act of subtlety, artifice and deviousness. He was not ruffled by any ethical considerations, nor was he perturbed by the American warnings, which he felt he could flout as long as he kept within the larger framework of the Nigerian Electoral Law. He indeed kept to that law; but managed in the same breath to violate something much graver, something more telling, something more destructive of his image and personality, and of country.

    Dr Jonathan is probably unaware that the message of the postponement reverberates far wider and much deeper than he imagines. With the postponement, the President now comes across as completely alienated from the nobility inherent in his office, and is uninterested in the rich and enduring legacies that define great rulers. He has voted for expediency, for the ephemeral, for the surface adornments of office, and has moved the country closer to the unpredictable edge of crisis and collapse, where six weeks could become something much longer and complicated, where even the very survival of the country could be at stake. Dr Jonathan is no longer able to hide his desperation to win reelection or, in alliance with others, prevent Gen Buhari from winning, and he will do whatever it takes to achieve his aim in the questionable understanding that no office seeker gives up power without bitterly contesting it or influencing the election of his successor.

    By inspiring and embodying the postponement plot, Dr Jonathan exemplifies once again his often problematic engagement with logic and history, not to say his inscrutable perception of reality. Though he is President, and should naturally be intellectually and philosophically endowed, at least a little above the average Nigerian, he ignores both the message of national impotence and incompetence that the postponement communicates to Nigerians and the outside world, and the destruction of our self-esteem that the act portends. The world now sees a Jonathan who is desperately intriguing for power, a President who does not seem keen on making Nigeria different from countries ruled by dictators. They have always suspected his bona fides, but now they can confirm that his private ambitions far transcend his ambition for country, and that his ambition is not to outshine his predecessors, but would not even mind being bested by those predecessors as long as he enjoys the distinction of having ruled Nigeria, perhaps as a two-term President.

    There are not many presidents anywhere in the world who can grasp this point, but it needs to be reiterated. Robert Mugabe of Zimbabwe, it can be argued, does not love his country. He loves himself in office far more than the selfless task of setting up a great, inspiring, durable, and workable democratic foundation for Zimbabwe. Could he be certain that the foundation he has refused to lay would be laid by someone else in the near or far future? Muammar Gaddafi did not also love his country; he was a megalomaniac in power, a paranoid and licentious ruler with some dubious fame as the African who stood up to the West, an African with questionable nationalistic and pan-African credentials. Even Yoweri Museveni who gloated over Dr Jonathan’s leadership failings is also failing to lay the right democratic foundation for Uganda. Indeed, most African leaders, excluding Nelson Mandela, have done wrong by their countries. The most notable example in recent years must be ex-President Olusegun Obasanjo, whose lack of depth and wisdom led him both to the self-serving dubiety of interpreting national foundations from the materialistic perspective — unlike the philosophical perspective preferred by America’s founding fathers — and the even more noxious and malicious enterprise of foisting the futile duo of Umaru Yar’Adua and Dr Jonathan on a perplexed country.

    If Dr Jonathan were jealous for Nigeria, if he respected, understood and loved her, he would subordinate his private longings to her national yearnings. He would realise the emblematic damage not holding an election on February 14 would cause her. He would recognise that the world would hiss at our incompetence, at our inability to organise a simple election, at our lack of self-respect and ambition as a leading country in Africa. But no leader comes to this realisation without a deep study of some of the epochal transformations that took place in America, Europe, China and other Asian countries, and even deeper study of great leaders:of Julius and Augustus Caesar, of Alexander the Great, of Charlemagne, of Mandela, of Suleyman the Magnificent, of Frederick the Great, of Napoleon Bonaparte, Winston Churchill, Charles de Gaulle, Julius Nyerere, Genghis Khan, and a few others who have made a huge impression on history, men and women the heavens would acknowledge their nationalism and mastery of and positive use of power.

     

    Undisguised ordinariness

     

    A leader incapable of inspiring himself by books and by the lives and times of great men can obviously neither inspire others nor even envision the utopia of his distant dreams. Indeed, one of the most striking things in next month’s elections in Nigeria and the ongoing campaigns is the undisguised ordinariness of Dr Jonathan’s presidency. It is surprising that many of those who support him cite the roads he has built, his tinkering with the railways, setting up of poorly-funded federal universities, and what they say are his achievements in agriculture, as proof of his competence and even greatness. They pointedly ignore references  to the poor quality of his decisions and statements underscored by his more than five years in office. Here, indeed, is a President who not only fails to appreciate when his actions insult the country he presides over, but who while reacting to the Charles Soludo criticisms of his economic policies rated Cable Network News (CNN), World Bank and International Monetary Fund (IMF) economists higher  than any in Nigeria. A mind of such considerable desuetude, a mind that sneers at and deprecates his gifted compatriots simply because they disagree with him, cannot soar, let alone inspire other minds to walk or run.

    Given the central role it played in the postponement of the elections, the Nigerian military will need a long time and huge efforts to reclaim its independence, professionalism, pride and prestige. Quite like President Jonathan, the military is insensitive to the damage inflicted on its credibility by its refusal to secure the polls. As many analysts have pointed out, a number of countries have held elections in time of war, limited insurgency, or intense crisis in a part of their country. Syria, Iraq, Afghanistan not too long ago held heavily policed polls. During World War II, Britain held its 1945 poll in July, many months before Japan surrendered unconditionally in September. The war in Europe had barely ended in May, while it was yet to end in other theatres. The popular Churchill went on to lose the poll in spite of the fact that many of the conferences aimed at defining and realigning post-war Europe were still ongoing, including the historically famous Potsdam conference.

    Neither President Jonathan nor the Nigerian military seems eager to draw upon the lessons of history, obsessed as they are by their secret plots to subvert the electoral process and democracy itself.

    In the thick of the international efforts to rescue the 219 abducted Chibok schoolgirls, U.S. diplomats warned the Nigerian military that their refusal to effectively deal with the Boko Haram menace, particularly their refusal to fight, and the desertions that were rife at the time, endangered their regional and continental reputation. Whether the Nigerian military top brass appreciated this warning is not clear. But in spite of everything, the military has even gone ahead to take a more ominous and precipitous step by announcing to the whole world that they were incapable of performing their constitutional obligation of securing the country against insurgents during elections. That confession, perhaps unknown to them, has wider implications beyond the mere postponement of the polls or the politics enveloping it. It was already clear it would take them time to live down the bad reputation they acquired over the Boko Haram war; now it will take them much longer to live down the more shocking reputation of admitting impotence in the face of threats to poll and national security.

     

    Brewing crisis of confidence

     

    The poor image of the military is not helped by fresh revelations about the role they played in the Ekiti and Osun governorship polls, and the increasing impression formed by many Nigerians that they had become a willing, partisan tool in the hands of the PDP and the Jonathan presidency. Perhaps they already understand that a crisis of confidence is brewing both in the military and in the country. But they seem unable to address these concerns, and they seem helpless in resisting the image of a subservient and unquestioning force foisted on them by the ruling party. Long after the polls are held and won, perhaps by a party capable of engendering greater professionalism in the military, the country may in the coming years have to grapple with the onerous task of reforming, retooling and reorienting the military. The military will have to be purged of its weaknesses, its difficulty in summoning the right character to operate as a professional institution, its inability to understand what a modern military should look, sound and behave like, especially in a democracy, and curbing the daring expansion of its constitutional powers into strictly civil terrains.

    The story of the postponement has obviously not ended. It may in fact be the opening shot in a series of battles designed to reclaim and reshape Nigerian politics, economy and society. Nigerians may therefore need to brace for more brutal manoeuvres in the coming weeks. The military and the National Security Adviser (NSA) have asked for six weeks to pacify the Northeast. It is not certain they can achieve their aim. But even if they do, and Boko Haram is defeated, it is still unlikely that that blighted region would vote for President Jonathan or the ruling party. Peace or war, the Northeast may have already thrown in its lot with the opposition. If it did not have other more sinister objectives, for example, tenure extension and the like, would the PDP risk pacifying a region that is almost 100 per cent in bed with the opposition?

    This uncertainty may account for why many political observers believe the postponement is just the opening salvo in a high-stake struggle for power, one in which the Jonathan presidency appears determined to contrive a stalemate, no matter what risks that stalemate portends. It is in fact feared that the postponement could easily gravitate towards no election at all, and thence to some unconstitutional legislature-backed solutions. Or worse, that a cabal had seized the levers of power and is determined to ensure that power, irrespective of the electoral wishes of voters, is not transferred to those they describe as unfit for the presidency. We may indeed now be witnessing unconscionable and desperately cynical manipulations, plots and machinations backed by the military and security agencies, plots that could endanger democracy itself.

    The greatest losers in the ongoing political shuffles are President Jonathan and the military, the former for his leadership shortcomings and lack of patriotic and nationalistic instincts and reflexes, and the latter for its supine acquiescence to the partisan wiles and counterproductive policies and actions of the PDP and the presidency. Indeed, the weeks ahead will be turbulent. Having bitten the bullet by cajoling INEC to postpone the elections, and having seemingly defied and ignored the West, particularly the U.S., the Jonathan presidency may feel emboldened to take extra-constitutional measures to shore up its slackening hold on power, subvert or neutralise the legislature, inveigle the judiciary into delivering crass decisions or perhaps castrate it like Governor Ayo Fayose of Ekiti State has done, muzzle the vocal press, as they did a few months back when they tried to cripple a section of the print media, especially the so-called critical opposition papers, and tamper in a most vicious and brutal manner with the liberties and freedoms of the people.

    After these measures are unleashed on a testy, hungry and frustrated nation, as Ukraine’s recent history is showing, it will be impossible to predict the future course of events, or determine how the chips may fall.

     

     

     

  • ‘Why Jonathan can’t send Jega on leave’

    ‘Why Jonathan can’t send Jega on leave’

    Any attempt to send  Independent National Electoral Commission (INEC) Chairman Prof Attahiru Jega on terminal leave will be illegal, lawyers said yesterday.

    According to them, the 1999 Constitution specifically provides that the INEC chief can only be removed if there is evidence that he is unable to discharge the functions of his office or for misconduct.

    Calls for the removal of Jega and his resignation by Peoples Democratic Party (PDP) sympathisers for some reasons, including INEC’s failure to distribute the Permanent Voter Cards (PVCs) to all potential voters, have been intensified since the postponement of the February 14 and 28 elections.

    The President Goodluck Jonathan Lagos Grassroots Project, one of the numerous groups rooting for Jonathan’s re-election, has been running advertorials in newspapers disparaging the INEC chief and calling for his resignation.

    Spokesman of the INEC chair Mr. Kayode Idowu, denied that the electoral agency had been manipulating the PVCs distribution.

    Yesterday, lawyers noted that Section 157 of the Constitution provides that Jega can only be removed by the President with the support of two thirds of the Senate.

    Asking him to go on terminal leave before the expiration of his term, they said, equates to removal from office.

    Unless there evidence that Jega is infirm in mind or body, or has engaged in gross misconduct, he cannot be removed under any guise before the end of his tenure, the lawyers said.

    Section 157 says: “(INEC chairman) may only be removed from office by the president acting on an address supported by two-thirds majority of the Senate praying that he be so removed for inability to discharge the functions of the office (whether arising from infirmity of mind or body or any other cause) or for misconduct.”

    A legal scholar, Mr. Wahab Shittu, said Jonathan removing Jega under the guise of retirement leave, weeks to the election in which he is a contestant, is like a team changing a referee before a football match kicks off.

    “My answer to that will be to draw an analogy. The President is a contestant in the forthcoming presidential election. He’s an interested party.

    “If you liken that to two football teams which are competing, can one of the teams just before the game starts decide to send the referee on suspension or on leave?

    “The president cannot do that because he is in the race. If the president takes such a measure, it will be seen as a coup against the democratic process and a subversion of the will of the people.

    “I want to believe that it is a speculation. It is in the realm of conjecture. It is something that can never happen because the president will not ordinarily toil with the wishes and aspirations of the Nigerian people.

    “Jonathan cannot even ask Jega to proceed on leave without getting the support of two-thirds of the Senate.

    “Again, every law derives its legitimacy from the will of the people. Nothing has been done by Jega to deserve any such treatment,” Shittu said.

    To a former Nigerian Bar Association (NBA) president, Chief Wole Olanipekun (SAN), it is unimaginable that Jega would be removed in the middle of an electoral process.

    “I do not think the President will do it or even contemplate it. Not at this period.

    “Prof Jega’s tenure as INEC chairman is regulated by the constitution and under the same constitution, the INEC chairman is the returning officer for presidential election.

    “If Jega is sent on terminal leave now, it will amount to sabotaging the already scheduled elections.

    “The President will have to nominate another person who will be subjected to security screening.

    “After that, the name will be forwarded to the National Assembly for approval and all this cannot be done within the six weeks we have to conduct the elections.

    “Let us assume they are able to conclude the clearance process within six weeks, when does the man settle down to plan for election if May 29 is sacrosanct?

    “There are a lot of logistics problem that will be involved and so, I have serious reason to believe that no president will contemplate such a thing at this time.

    “The inherent dangers are limitless and if that is done, we should as well forget about holding elections and the May 29 handover date.

    “If May 29 is sacrosanct, INEC chairman’s tenure is sacrosanct.  People arguing that it is line with civil service procedure for a public officer who haven’t gone on annual leave to proceed on three months terminal leave should tell us if the President’s ministers will also proceed on three months terminal leave. I think it is better not done.”

    Minority Leader of the House of Representatives Femi Gbajabiamila said the President lacks the power to remove Jega before the expiration of his appointment on June 30.

    Gbajabiamila, a lawyer, who noted that although the administration of President Jonathan is capable of doing anything, said the removal of the INEC chairman is beyond the President because it is a constitutional matter.

    “In the last few days, we have been inundated with speculations about the possible termination of Jega’s appointment as INEC Chairman.

    “This may be unfounded but may also have a basis in truth because you just can’t put anything past this government.

    “From a legal standpoint, I do not think any such attempt can pass constitutional muster.

    ”Firstly, I do not consider the INEC Chairman as a civil servant subject to civil service rules.  “There is a difference between a civil servant and a public servant or officer. Jega falls under the latter. INEC and its chairman are a creation of the constitution.

    “Their operations, rules and regulations are as provided under sections 156 and 160 of the constitution which expressly states that only INEC has the powers to regulate its own procedures and cannot be subject to approval of the President or any other authority thereby establishing its independence.

    “Secondly, ‘terminal leave’ is a form of removal, whichever way you cut or slice it and Section 157 of the constitution is very clear that the removal of the chairman of INEC can only be initiated by two-thirds of the Senate and not by the President.

    “The question of who is a civil servant is answered in Section 171 of the Constitution and the INEC chairman is not included.”

     

  • ‘INEC not seeking to manipulate elections’

    ‘INEC not seeking to manipulate elections’

    The Independent National Electoral Commission has rejected the allegation that it is trying to manipulate the country’s general election.

    There are paid advert suggesting that the commission’s chairman, Prof. Attahiru Jega, is working towards manipulating the elections.

    Some have also called for his sack, saying the INEC chief has lost focus.

    But the Chief Press Secretary to INEC chairman, Mr. Kayode Idowu, said all the allegations against the commission are false.

    He explained that nobody delayed the distribution of the Permanent Voters Cards (PVCs) to any of the states.

    He said the report that the distribution of the PVCs were skewed in favor of the troubled states was not true as states like Akwa Ibom and others have also achieved over 70 per cent collection.

    Idowu stressed that the card readers have been configured in readiness for the elections.

    “They have been sent to all the states and the people who went to configure them have finished and returned to the commission,” he added.

  • INEC extends PVCs collection

    INEC extends PVCs collection

    Collection of the Permanent Voter Cards (PVCs) will continue till March 8, the Independent National Electoral Commission (INEC) said yesterday.

    The extension followed the postponement of the elections till March 28 and April 11.

    The PVCs collection was initially due to end last Sunday.

    In a statement yesterday, the commission’s secretary Mrs. Augusta Ogakwu, said it hoped that this extension will finally avail every registered person yet to collect his/her PVC the opportunity to do so in readiness for the general elections”.

    The INEC chairman’s Chief Press Secretary Mr Kayode Idowu, said the problem was not that the cards were not available “but the question still remains the collection by the owners’’.

    Idowu said the commission would do its best to ensure that registered voters received their PVCs, given the extension in the election dates.

    The chief press secretary said the collection of PVCs was not one of the reasons why the election dates were rescheduled, adding that 68.7 per cent of PVCs had been collected as at Feb. 6.

    “By the time we add the figure for Saturday, you can be sure that it would have reached 70 per cent.

    “Even with all complaints, the rate is not bad as people are talking about it.’’

    Idowu, however, added that the commission would use the extension period to improve on its preparations to achieve success in the elections.

    The commission has said that parties can no longer substitute candidates in spite of the postponement.

    A top official of the commission said: “We have been receiving enquiries from political parties on whether or not they they can replace their  candidates.

    “But we have already printed the ballot papers; we cannot change the format overnight. This will attract more cost. You will recall that the Chairman of INEC, Prof. Attahiru Jega, said the poll shift is without cost.

    “The reality is that some aspects of our preparation for the polls, especially the nomination and substitution processes, had lapsed as contained in the guidelines in the Electoral Act.

    “We will not allow last-minute substitution of candidates.”